The Director of Public Prosecutions (DPP) Justice Jane Frances Abodo has petitioned the Supreme Court challenging the deal initiated by controversial land broker Muhammad Kamoga of Kamoga and Property Consultants to survive criminal prosecution.
In the letter dated 11th June, 2025, the DPP insisted that Kamoga through his lawyers of Kusingura- Tinyebwa Advocates is misleading the highest court on the land to hear his application seeking to stay the orders and directives of the Court of Appeal issued against him allowing him to be prosecuted at Entebbe Chief Magistrates Court
At Entebbe Chief Magistrates Court, Kamoga is charged with 8 offences including forgery of transfer forms, obtaining registration by false pretense, unlawful evictions, malicious damage to property, all serious accusations regarding fraudulent acquisition of a 200 acre land at Garuga – Bukaya in Entebbe, Wakiso District belonging to Peter Bibangamba.
She explained to the Supreme Court that Kamoga intends to use the Supreme Court to subvert the course of justice by misleading the court to hear his application in the absence of the prosecutors from her office.
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Carolyn Hope Nabaasa, the Principal Assistant who signed the petition on behalf of the DPP states that it is unfortunate that on 29th May, 2025, Kamoga’s application was heard ex parte (one sided) even though the Chief Justice Owiny Dollo directed all courts in Uganda to be closed on that day because prosecutors were attending their annual prosecutors’ symposium and directed that all cases be adjourn.
“On this premise, we request and pray that this court be pleased to fix the hearing of Criminal Appeal number 0138 of 2024 so that the matter be determined on its merit other than the appellant using it to frustrate a trial that was rightly ordered by the Court of Appeal,” the complaint reads in parts.
She also asked the registrar that the judge who heard Kamoga’s application allow the DPP to also make a reply to the application before a ruling is delivered.
Kamoga is accused of forging signatures of businessman Peter Bibangamba to make transfer forms for land at Bukaya, Entebbe, and also for fraudulently acquiring its registration, uttering false documents, unlawful eviction and malicious damage to property.
His legal troubles stem from allegations that he used forged transfer forms to unlawfully transfer land ownership from Peter Bibangamba into his names for over 200 acres of land.
The trial was ordered after the Court of Appeal overturned a 2024 Criminal Division of the High Court ruling that had halted Kamoga’s prosecution.
In October 2024, the Justices of the Appeal Court ruled in favour of DPP, who had challenged the Criminal Division of the High Court’s decision of staying the criminal trial of the accused person.
The justices of the Court of Appeal held that the Criminal Division of the High Court lacked the jurisdiction to stay the criminal trial of the accused declaring the decision illegal.
The justices also declared that Kamoga had no right in law to petition the Criminal Division of the High Court seeking an order of staying his criminal trial at Entebbe Chief Magistrates Court
It is alleged that between 7th May, 2020, and February 8, 2021, at Wakiso district land offices, Kamoga forged the signature of Bibangamba on land transfer forms for Busiro Block 435, Plot 8, and 100 other plots measuring over 200 acres fraudulently claiming that they had been signed by Peter Bibangamba, whereas not.
He is also charged with uttering forged transfer forms to the offices of Wakiso district land office and obtaining registration on land comprised in Busiro Block 435 Plot 8 and 100 other plots fraudulently
The second case file involves charges of unlawful eviction and malicious damage to property where Kamoga is alleged to have evicted people from the same land and maliciously damaged their property on February 19 and 20, 2021.
In September 2023, Kamoga was charged with multiple counts of forgery and uttering a false document and obtaining registration by false pretense.
